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NEC ECC: Is the Contractor able to refer to a dispute?

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A compensation event is assessed by the Project Manager at a much lower value than the Contractor quoted. The Contractor is not happy and 7 weeks after this has stated that unless it is revised again he will refer the matter to dispute.

Is the Contractor able to refer to a dispute?
asked Aug 19 in Secondary X, W and Y options by chachee555 (170 points)  

1 Answer

+1 vote
Yes, the Contractor can : that is what the dispute procedures are there for !

Do note that implied within clause 60.1 (8) is the ability for the Project Manager to change a decision previously communicated to the Contractor. However, the PM would presumably not change his or her mind unless the Contractor had presented a clear case for why he or she was wrong: I had one where the PM had not turned the page on the Contractor's programme thus giving him only 3 weeks extra rather than 17 weeks when you worked through the full logic.

Perhaps call an early warning meeting discuss.
answered Aug 19 by Jon Broome Panel Members (57,180 points)  
If the adjudication decision is not in the Contractors favour, can he refer to tribunal? And is there a time limit for that?
Yes, he can. Potentially there is a time bar if the Contractor does not notify their intention to go onto the tribunal within 4 weeks of the Adjudicator's decision. I say potentially, because the provision of this time-bar is a bit dubious legally.

A wise Contractor would notify regardless of their intention in order not to have another dispute over whether they are time-barred or not !